girish
20 June 2013 at 16:15
Dear Expert,
I need to know the applicability of "The Contract Labour (Regulation and Abolition) Act, 1970" in case of the following scenarios:
1. A public limited company is employing contract labour at its various locations. At any individual location, the number of contract labourers do not exceed 20 but in totality at all the sites, the contract labourers employed is greater than 20. Therefore is the Act applicable to the Company?
2. Secondly, the public limited company hires contractors who eventually hires contract labourers for various activities. In this case, the individual contractor may or may not provide more than 20 labourers to the public limited company. What would be the applicability of the Act in such as case to the public limited company?
Regards.
Stella James
20 June 2013 at 14:47
Hi Experts,
what is the lay process for an ITES company in tamilnadu? should we need to follow the process mentioned in the Industrial dispute act? The appointment order and the company policies are silent on the employers power to lay off the employees. We do not have any standing order also.
Seeking your help on this very badly.
Thanks,
Stella
ksr prasad
20 June 2013 at 11:27
One of my known persons is working as the principal of a private school. She was also appointed like other teachers of the school. The school is owned and managed by somebody else. The issue is regarding the provident fund. The school management is deducting PF from everyone's salary for more than a year including her. Of late she came to know that they have not deposited any amount with the PF office. Recently one PF official has visited the school and issued a notice u/s 460 & 469 for not depositing the PF installments.
While she manages only academics and doesnot deal with finance matters, will she be held responsible for the acts of the school owners ? Pl clarify.
AJAYAN
19 June 2013 at 21:09
Dear sir,
I am writing this letter for my father in law. his d.o.b. is 06-06-1940 age 73
He was a employee,BRC in Central govt. in Bombay,
worked 17 yrs service.15/12/1959 to 24/08/1977
He was resigned and left Bombay due family reasons.
He is trying to get pension from govt. and application was rejected,clause rule26of ccs pension. In this age he is working in pvt, company.
Is there any chance to get pension.
hope you will get an early reply.
Thanks& Regards,
Ajayan
shruti13
19 June 2013 at 17:44
Dear Sir/ Ma'm
we need to include a reference to ‘confidentiality clause’ in our relieving letter. Just a soft reference....nicely worded. Request your inputs & support in drafting a one line draft.
Looking forward to hear from you soon. Many thanks in advanvce for your revert.
Regards
Shruti
Tashi Norbu Basi
19 June 2013 at 11:58
Dear Experts,
I was appointed as Junior Accounts clerk with a probation period of 1 year. In the sixth month of my probation I was arrested on charges of having murdered my wife. I was suspended from work within a few days of my arrest. I spent a total of about 1 1/2 years in custody. Vide order on Consideration of Charges the criminal case against me was dismissed by the court on technical grounds.
I would also like to add that while I was in custody, I had received a 'show - cause notice' from my department concerning the allegation against me. And I had also replied to the show cause.
After discharge when I tried to rejoin duty, I was told that an order terminating my employment had been issued. The order stated that I was being discharged because of the Police Case against me and that my reply to the show cause was found incorrect by competent authorities and that my actions were found to be unbecoming of a government servant.
I wish to file a writ against my discharge. But am faced with some problem, which are:-
1. That I was on probation (but I am told that if my termination order accuses me of some criminal wrong than an 'enquiry' before issue of such order, was mandatory?)
2. I am also told that as I was on probation, the fact that a show cause notice had been issued against me and that I had replied to the show cause, it is deemed enough to hold that an 'enquiry' had been conducted?
What should I do now? Please help me with some specific guidance and precedents, if you'll are aware of any.
Thanking you.
Megh
ramasamy
19 June 2013 at 09:40
Can contract employee claim the Statutory leave benefit ( EL / SL / CL / Maternity Leave ) from principal employer in case contractor failed to provide the same?
Member (Account Deleted)
18 June 2013 at 12:49
i came to know from a friend who works in a govt. girls sen. secondary school (delhi) that in her school a few teachers SOMETIMES bring their 1-2 years old kids to school regularly.then they hand them over to their teenaged female students to look after them,while they go about their routine teacher work.
this seems normal but it is not.the students bunk classes to play with them.a few students of other classes(NOT ALL) also get attracted to these little kids and come out of their classes to play.they dont concentrate on any other work except playing with them.
the vice principal,is very particular about students not skipping their classes.but during these days when these little kids are there, she does not ask these teachers to stop bringing their kids,as she has very gud relations with them.
as a result there is indicipline.
this is happening so frequently that the school sometimes looks like a day care centre for teachers' children,and the students are the unpaid staff of this day care centre.
the principal has a habit of finding faults and screaming publically at my friend who may do minor human errors at times.but she does not say a word to those teachers who regularly bringing their kids & making their students look after them,and spoil their classes.she seems quite partial.
is this behavior just?
wot shud be done?
please suggest a NON-LEGAL diplomatic remedy for my friend so that she never faces partiality again.
Arpan
18 June 2013 at 12:11
Dear Sir,
I have resigned on June 10th, 2013 due to father's illness after serving my employer for one year.There is no acknowledge from HR department regarding what notice period I have to serve and my relieving date so far. I have forwarded the resignation mail to my personal id just for reference. Upon asking them,they are harassing me mentally and forcing me to leave the job without serving the notice period and proper relieving stating that there is a bond for two years.
As per my discussion with HR so far, he is not letting me serve the notice period and asking to leave the organization without issuing the relieving letter or any other acknowledgement.
I have made the following point so far:
Logically, I have not signed any stamp paper which have been issued in my name from court to serve any bond with my company.I have signed the appointment letter only. Hence, it’s not enforcement.
For your reference, this is a small company a kind of startup headed by single owner
The point of discussion is if I move ahead without getting this relieving, it would be difficult for me or rather impossible for me to get into another job.
Kindly, look into the matter and guide me what should I do?
Regards
Arpan
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Closure of epf a/c
A STAFF OF OUR SCHOOL AFTER HAVING BEEN IN EPF FOR THE PAST 17 YEARS WANTS TO CLOSE HER EPF ACCOUNT WHILE IN SERVICE. SHE IS 52 YEARS OLD.
SINCE SHE IS CONTINUING AS OUR STAFF, WHAT IS HER STATUS RELATING TO THE ATTENDANCE AND SALARY REGISTER HENCEFORTH?
HAS SHE GOT TO RESIGN HER JOB AND REJOIN AFTER TWO MONTHS OR CAN SHE JUST RELINQUISH HER EPF MEMBERSHIP AND CONTINUE AS NON-EPF EMPLOYEE IN OUR REGISTER?
AFTER GETTING HER CLAIM SETTLED BY THE EPFO CAN SHE JOIN EPF ONCE AGAIN IF SHE SO DESIRES?
IF A PERSON AGED 62 YEARS WHO WAS A MEMBER OF THE EPF IN A GOVT ORGANIZATION UNTIL 58 YEARS, AND HAS CLAIMED HIS EPF AMOUNT AND IS RECEIVING EPS, IS JOINING AS A NEW EMPLOYEE IN OUR SCHOOL, WHAT IS HIS PRESENT STATUS AS AN EMPLOYEE?